Proposer will provide Certificate of Insurance(s) for Professional Liability, Commercial General Liability, Auto Liability, and Workers’ Compensation as stated in the City’s standard Terms and Conditions. The City reserves the right to adjust the insurance terms provided based on the type and scope of project proposed by the Proposer. 

Prevailing Wages do not apply to this contract.

Proposers agree to comply with the requirements of the Living Wage Ordinance as provided in Santa Cruz Municipal Code Chapter 5.10.

The successful Proposer will be required to enter into an Agreement in the form of the Agreement attached hereto as Appendix A. The City reserves the right to adjust the terms, including insurance terms provided, based on the type and scope of the project proposed by the Proposer. If a Proposer is unable to accept City’s proposed Agreement terms substantially in the form presented, the Proposer shall include a revised copy of the Agreement with its Proposal. The revised copy must clearly mark any section to which it objects, set forth the Proposer’s proposed alternative terms, and explain the basis for each proposed change. The City reserves all rights to reject any revisions to the Agreement.

If a satisfactory contract cannot be negotiated in a reasonable time, the City in its sole discretion may terminate negotiations.  

The term of the contract will commence upon notification of award and continue for a period of 1 year(s) plus any renewals agreed to by the parties and made in writing.

City’s policies promote a working environment free from abusive conduct, discrimination, harassment, and retaliation; and require equal opportunity in employment for all regardless of race, religious creed (including religious dress and grooming practices), color, national origin (including language use restrictions), ancestry, religion, disability (mental and physical), medical condition, sex, gender (including gender identity and gender expression), physical characteristics, marital status, age, sexual orientation, genetic information (including family health history and genetic test results), organizational affiliation, and military or and veteran status, or any other consideration made unlawful by local, State or Federal law. City requires Consultant to be in compliance with all applicable Federal and State and local equal employment opportunity acts, laws, and regulations and Consultant is responsible for ensuring that effective policies and procedures concerning the prevention of abusive conduct, discrimination, harassment, and retaliation exist in Consultant’s business organization. The City’s current Equal Employment Opportunity and Non-Discrimination policies to which this Section applies may be viewed at http://www.codepublishing.com/CA/SantaCruz/?SantaCruz09/SantaCruz0983.html and http://www.cityofsantacruz.com/home/showdocument?id=59192. Copies are available upon request from the City’s Purchasing Division.

To the fullest extent permitted by law, Proposer agrees to indemnify, defend, and hold harmless the City, its officials, officers, employees, agents, and volunteers (collectively, “Indemnitees”) from and against any and all liability, claim, action, loss, injury, damage, judgment, or expense, including attorneys’ fees and costs (“Losses”) caused by or resulting from the negligence, recklessness, or willful misconduct of Proposer, Proposer’s officers, employees, agents, or subcontractors in any way related to this RFP, including but not limited to Proposer’s Proposal. Proposer’s duty to indemnify and hold harmless Indemnitees shall not apply to the extent such Losses are caused by the sole or active negligence or willful misconduct of Indemnitees, as determined by an adjudicatory body or court of competent jurisdiction, if applicable. The obligation to defend shall arise regardless of any claim or assertion that Indemnitees caused or contributed to the Losses.

In the event this Agreement involves the performance of design professional services by Proposer, Proposer’s officers, employees, agents, or subcontractors, Proposer’s costs to defend Indemnitees shall not exceed the Proposer’s proportionate percentage of fault per Civil Code §2782.8. This section shall survive the termination or expiration of the Agreement.

Bonding requirements for federally funded contracts are subject to the following federal directives:
Bidder’s security of ten percent of the bid price for all public works contracts at the time of Bid submittal (Public Contract Code Section 20483(a)).

1. Performance bond equal to 100-percent of the contract price for all public works contracts.
2. Payment bond for all public works contracts of at least:
3. 50-percent of the contract price if the contract price does not exceed $1 million.
   1. 40 percent of the contract price if the contract price exceeds $1 million but is not more than $5 million; or
   2. $2.5 million if the contract price exceeds $5 million.

Within ten (10) business days, not including legal holidays, of contract award, the successful Proposer must submit a performance bond and payment bond, executed by the Contractor and the Surety. All bonds must be issued by California admitted Sureties. 

Should any surety or sureties be deemed unsatisfactory by the City, a notice will be given to the Contractor. The Contractor shall promptly substitute a new surety or sureties satisfactory to the City. No further payment shall be deemed due or will be made under the contract until the new sureties are accepted by the City.

At its sole discretion, the City may allow the Contractor to provide bonds from multiple sureties to meet the bond requirements.